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Muhammad Riaz alias Kala vs State S — 2025 PCrLJ 355 ISLAMABAD

Case information

Citation
2025 PCrLJ 355 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Riaz alias Kala vs State S
Subject matter
Criminal
Provisions referred to
S. 13---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Riaz alias Kala VS State S. 13---Possession of illicit weapon---Appreciation of evidence---Place of recovery not in a clusive possession of accused---Scope---Prosecution case was that during interrogation of a murder case, a pistol was recovered on the disclosure of accused which was allegedly used in the main occurrence---Perusal of the record revealed that the place of recovery i.e. bushes in the graveyard, was an open place and it could not be said with certitude that the public had no access to it---Nothing was in the prosecution's evidence that the appellant had exclusive access to the said premises and no one else had control over it---Further, Investigating Officer, during cross-examination, deposed that he neither called the caretaker nor any chowkidar of said graveyard---Moreover, the recovery was purportedly effected from appellant on 25.05.2022 whereas the occurrence in which the pistol was used took place on 20.04.2022---Recovery was made after a delay of more than 30 days and that too from a place which was not exclusively accessible to the appellant---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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